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Rule 2.4: Lawyer Serving as Third-Party Neutral

ABA RULE 2.4


Adopted, Effective Jan. 1, 2008

COUNSELOR
Rule 2.4: Lawyer Serving As Third-Party Neutral

(a) A lawyer serves as a third-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them. Service as a third-party neutral may include service as an arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter.

(b) A lawyer serving as a third-party neutral shall inform all parties that the lawyer is not representing them. When the lawyer knows or reasonably should knowthat a party does not understand the lawyer's role in the matter, the lawyer shall explain the difference between the lawyer's role as a third-party neutral and a lawyer's role as one who represents a client.

NEW HAMPSHIRE COMMENTS:
 
1.  The litigants and counsel must recognize that the neutrals will not be acting as legal advisors or legal representatives.  N.H. Superior Court Rule 170(E).

2.  The lawyer serving as third-party neutral should explain the specific dispute resolution process he or she is using.


ABA RULE 2.4

NHLAP: A confidential Independent Resource

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